Retroaction Act, 1788

[Office of the Registry 2323]

ACT OF THE IMPERIAL DIET

 

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RETROACTION ACT, 1788

Enacted on the 5^th of Sigsmund’s End, 1788

Introduced in the Commons.

Passed in the 20^th Imperial Diet.

 

COMMONS

AYE

Galbraith

Stahl-Elendil

Kelmenour

Halen

Kovachev

Pruvia

Sarkozy

Elmpool

 

NAY

 

ABSTAIN

 

ABSENT

Dubois

Helvets

Karoly

Langford

 

An act further defining the retroactive nature of past and future legislation and outlining ex post facto laws.

 

INTRODUCTION

 

While the Orenian Revised Code details many of the intricacies and protections of the modern legal system, there are some important facets and details which it does lack. Most notably, the current edition ORC lacks definition regarding the timespan laws have authority over- specifically, whether legislation acts in an ex post facto fashion or only takes effect upon ascent. This bill shall clarify this confusion through the stipulation of non-retroaction and the creation of an ex post facto clause for future legislation.

 

SECTION I:

On Definitions

 

“Ex post facto”, also referred to as “retroaction”, is defined as the application of a law and its stipulations to a period before the legislation took place.

 

“Ex post facto clause” is defined as a clause on a bill or act which enumerates that the legislation is retroactive in application. Legislation that does not have this clause shall not be considered retroactive.

 

SECTION II:

On Amending the Orenian Revised Code

 

The following articles will hereby be added,

 

1. 201.05 - Retroaction Act (1788): All laws, unless otherwise stated, take effect on the moment of ascent and do not apply retroactively to previous time periods. Laws which act retroactively must state such in an ex post facto clause.

 

Introduced by Leonard van Halen MHC on This Harren’s Folly, 1788

 

Issued and proclaimed,

Anne I, by the grace of GOD Holy Orenian Empress, forever August, Queen of Renatus, Curon, Salvus and Seventis, Defender of the Faith, Duchess of Adria, Novellen and Lorraine, Baroness of Renzfeld, Protector of the Heartlanders, Highlanders, and Farfolk, etcetera.

 

Joseph II, by the grace of GOD Holy Orenian Emperor, forever August, King of Renatus, Curon, Salvus, and Seventis, Defender of the Faith, Duke of Adria, Novellen and Lorraine, Baron of Renzfeld, Protector of the Heartlanders, Highlanders, and Farfolk, etcetera.

 

[frill 2277]

legal scholar albrecht eggebrecht writes a letter to leonard van halen concerning a tangential bill rider

 

 

 

 

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dear sir i write to you over my morning brew

 

now that a temporal limitation is introduced to imperial law, why is there no geographic one?

 

should a man break an existing law in a realm that is later imperial territory, does he suffer criminal liability through the infinite regress of time (not that time regresses infinitely, for we do know it was Created – but let us not bog down in canonical eisegesis! we have law to lawyer!), or are there geographic limitations to the punitive power of the state?

 

if i were to kill a fellow man in wildylands uncharted nor claimed until decades later, it would be murder, but would i be hot-footed to the prison wagon and gifted six foot of an “orener’s necktie” should these lands later become imperial territory? after all, it would be a crime committed on imperial soil, but soil that had yet to be imperial soil at the time.

 

your kindly orc states that its purpose is for “the dispensation of justice within our realm”, but to what temporal degree? is it within the imperial realm-in-space or imperial realm-in-moment? i demand and implore for geographical limitations to be explicated

 

if someone as wizened as myself is confused, i can only imagine your top academics are banging their heads against their tables in frustration

 

i hope this letter finds you in good health and i send you a bouquet attached and a million sympathies on hearing of your brother edwards recent passing from this realm to his eternal reward,

 

yours,

 

albrecht eggebrecht